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(영문) 서울중앙지방법원 2019.09.25 2019가합40091
건물인도 등
Text

1. Of the plaintiffs' claims, the part claiming payment of the amount calculated by applying the rate of KRW 5,546,00 per month from August 22, 2019 to August 5, 2019.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant inherited the property of L jointly (hereinafter “the deceased”) upon the death of his father on March 20, 2017. On May 24, 2017, the Plaintiff and the Defendant completed the registration of ownership transfer based on inheritance on March 20, 2017 with respect to each of 1/5 shares of the real estate listed in attached Table 1 (hereinafter “instant real estate”) owned by the Deceased on May 24, 2017. (B) around May 20, the Deceased was entrusted the Defendant with the management of the instant real estate. From the business day to May 2016, the Defendant had engaged in the management of the instant real estate, and the Defendant had engaged in the management of the instant real estate by residing in the part of 105.3 square meters (hereinafter “second-story household”).

C. After the death of the deceased, the Defendant continued the possession and management of the instant real estate, and around June 2017, Plaintiff A, B, and D delegated the Plaintiff’s “all rights (except for the sale and purchase of the instant real estate and the creation of a collateral security) regarding the lease relationship with respect to the instant real estate and the preservation of the building.” On June 14, 2017, Plaintiff C entered into a contract with M&A to act as an agent for the management of the instant real estate amounting to KRW 1,50,000 per month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including provisional number; hereinafter the same shall apply) and purport of whole pleadings

2. Whether the portion demanding the payment of the amount calculated by the ratio of KRW 5,546,00 per month from August 22, 2019 is lawful

A. The Plaintiffs currently leased and managed, without permission, the Ghos, Fhos, second-class household units, and the remainder of the family units, other than Hhos, I, Jhos, and K, the Defendant directly occupied by the Defendant among the family units listed in the current attached Table 4, and therefore, from January 1, 2019 to the time the Defendant transfers the management of the above family units to the Plaintiffs, the Plaintiffs are monthly rent of KRW 5,546,00 per month.

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